21 Andrea Leadsom debates involving the Home Office

Oral Answers to Questions

Andrea Leadsom Excerpts
Monday 18th September 2023

(7 months, 2 weeks ago)

Commons Chamber
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Suella Braverman Portrait Suella Braverman
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Unfortunately—it is incredibly tragic—the Scottish National party’s obsession with separatism has led to the highest number of alcohol and drug-related deaths in Europe on their watch. Falling police numbers in Scotland when numbers are rising in England and Wales—that is what the SNP brings us, and only good government from the Conservatives can stop crime and protect victims.

Andrea Leadsom Portrait Dame Andrea Leadsom (South Northamptonshire) (Con)
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12. What steps her Department is taking to reduce the number of small boats transporting irregular migrants across the English channel.

Suella Braverman Portrait The Secretary of State for the Home Department (Suella Braverman)
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We remain determined to stop the boats and deter people from making these dangerous journeys to the UK, and we are making progress. We have by no means reached the finishing line, but the number of arrivals is 20% down, the legacy backlog has nearly halved, and the number of Albanian arrivals has fallen by 90% this year. While Labour proposes to take thousands of illegal migrants from the EU every single year, letting Brussels decide who comes here, we are determined to stop the boats with our Rwanda plan and our Illegal Migration Act 2023, which Labour opposed.

Andrea Leadsom Portrait Dame Andrea Leadsom
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A hotel in my constituency is housing illegal migrants. They receive local NHS dentistry services and hospital access, and, of course, their living costs are met. Constituents write to me pointing out that they do not have access to all those services. What can my right hon. and learned Friend tell them about how soon the use of hotels for illegal migrants will end?

Suella Braverman Portrait Suella Braverman
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It is totally unacceptable that too many towns and cities around the country now house the 45,000 asylum seekers who are in hotels, costing the British taxpayer £6 million a day. That is why we are standing up large sites and vessels around the country. We are also maximising the use of hotels, so that we can open fewer hotels. It is not right that the British taxpayer is forking out the cost. What we are not doing is the ridiculous plan set out by Labour Members. They are either grotesquely naive about the problem or they have a betrayal plan to rejoin the EU. After all, most of them wanted a second referendum. Either way, we can all see it for what it is: a plan for open borders, unlimited migration and rejoining the European Union. It is the same old Labour on the wrong side of the argument.

Illegal Migration Bill

Andrea Leadsom Excerpts
2nd reading
Monday 13th March 2023

(1 year, 1 month ago)

Commons Chamber
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Suella Braverman Portrait Suella Braverman
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I am going to make some progress.

The reality is that the system is simply unfair. It is unfair on the most vulnerable, it is unfair on those who play by the rules and it is unfair on the British people, so we must change the law and we must stop the boats. For too long, those of us voicing concerns about the effects of uncontrolled, unprecedented and illegal migration have been accused of inflammatory rhetoric, but nothing is more likely to inflame tensions than ignoring the public’s reasonable concerns about the current situation. The public are neither stupid nor bigoted. They can see at first hand the impact on their communities and it is irresponsible to suggest otherwise.

Speaking of acting responsibly, I want to put something on the record. It is perfectly respectable for a child of immigrants like me to say that I am deeply grateful to live here and that immigration has been overwhelmingly good for the United Kingdom, but also to say that we have had too much of it in recent years and that uncontrolled and illegal migration is simply bad.

Andrea Leadsom Portrait Dame Andrea Leadsom (South Northamptonshire) (Con)
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Does my right hon. Friend agree that in the last couple of years, when we have seen exponential growth in this human trafficking across the channel, the money that people can ill afford to spend on these criminals has been used to make their trade even more effective, putting yet more lives in danger?

Suella Braverman Portrait Suella Braverman
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My right hon. Friend puts it very well. We now have a sophisticated, well resourced, multibillion-pound trade of illegal people smuggling and human trafficking. It is pan-national and it needs to stop.

Global Migration Challenge

Andrea Leadsom Excerpts
Tuesday 19th April 2022

(2 years ago)

Commons Chamber
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Andrea Leadsom Portrait Dame Andrea Leadsom (South Northamptonshire) (Con)
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I am incredibly proud of this country and this Government’s track record in providing a safe welcome to more than 185,000 asylum seekers and refugees since 2015, but I hope that my right hon. Friend will be ramping up the welcome for Ukrainian refugees—I know she will be working flat out at it. What I find abhorrent and inexplicable is the way in which many Opposition Members, and even those in the top echelons in the Church of England and in other faiths, seem to have completely forgotten the images of children lying drowned on our beaches. How can they not seek to try to remedy that appalling situation? These people are not refugees and asylum seekers—they are coming from France.

Priti Patel Portrait Priti Patel
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I thank my right hon. Friend for her comments and observations. She will be well aware of the work that our noble Friend Lord Harrington is currently doing in the other place on the Ukrainian scheme in terms of resettling people and bringing people over for the Homes for Ukraine scheme.

The left in particular like to preach compassion, but there is little compassion when they do not have the backbone to make difficult decisions when it comes to the protection of human life. For months and months, they have talked about saving lives and lost lives, and now that there is the prospect of action to save lives and to go after the evil people smugglers, they wring their hands and choose to play party political games.

Ukraine: Urgent Refugee Applications

Andrea Leadsom Excerpts
Tuesday 8th March 2022

(2 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kevin Foster Portrait Kevin Foster
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Again, I would make the point that we have stepped up a system that will grant three years of leave, giving people more permanent status here in the UK and the security to move forward. As we have always said, there is a range of routes available. It should come as no surprise that those countries that are least popular with the Putin regime—ourselves, the US, Canada and Australia—are taking similar approaches.

Andrea Leadsom Portrait Dame Andrea Leadsom (South Northamptonshire) (Con)
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The breadth of support that the UK Government are offering to Ukraine is fantastic, as is recognised by Ukrainians. It is shocking to hear the Opposition jeering at the prospect of the Government trying to protect the UK people from further such attacks as took place in Salisbury. Nevertheless, I agree with colleagues who are concerned about the speed of processing of these visas. In particular, in my own constituency I have someone whose sister-in-law is stuck in Ukraine and someone else whose aunt is stuck there. Can my hon. Friend give us an update on what exactly we are doing to facilitate family reunification?

Kevin Foster Portrait Kevin Foster
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I thank my right hon. Friend for her question. I would make the point that people do not need to wait in Ukraine if they are thinking of applying for the humanitarian family visa and if they are able to travel safely across Ukraine. We all recognise the reality of the barbaric approach that some Russian forces are taking to civilians. It is clear that there are regular breaches of international law and that war crimes are being committed, so there is a real issue about whether people can genuinely travel safely across Ukraine, but if they wish to, they can travel to a safe and democratic country across the border and make their application from there. As I have said, we have extended the definition, and we are rapidly expanding the caseworking teams to ensure that we can get through the applications and get people here so that they can be with their relatives in the UK.

Priti Patel Portrait Priti Patel
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The hon. Gentleman has clearly been occupied elsewhere, and we did cover this point earlier on.

Andrea Leadsom Portrait Dame Andrea Leadsom (South Northamptonshire) (Con)
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I have been in the Chamber since my right hon. Friend started speaking. She might be aware that over many years one of the problems with Companies House has been the capability of a small business to register a name, take our money by selling us something, not deliver the goods, then go into liquidation and set up again the next day with almost the same name, perhaps with “and sons” at the end of it. Can she reassure me that this Bill will deal with that issue, in the changes to Companies House?

Priti Patel Portrait Priti Patel
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My right hon. Friend has made an incredibly important point and used a good example to show how the system is being used and abused. I want to reiterate to the House that this is a two-stage Bill. The first stage will deal with many aspects of this, but the full Companies House reform will come in the second economic crime Bill, where that detail will all be worked through. It is important to say this is the first step to making a clean sweep in terms of how we update, in terms of accountability, and in terms of holding individuals and their enablers—their managers and all the others responsible—to account. The House has just heard me speak about the penalties.

Ukraine

Andrea Leadsom Excerpts
Tuesday 1st March 2022

(2 years, 2 months ago)

Commons Chamber
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Priti Patel Portrait Priti Patel
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I will be very frank: we do not know at this stage. The Secretary of State for Levelling Up will make statements and share with the House in due course details of the community scheme specifically. That is under development, so I cannot tell the right hon. Lady the potential numbers that will come through the route.

In terms of the Home Office role, this is a whole-of-Government effort. We will continue to support people in coming over, giving them the status that they need and securing their paperwork as well as all the essential pieces in which we always play a role, but this is an effort in joining up across Government. To be candid, we are learning lessons off the back of previous schemes including the Syrian resettlement scheme and the Afghanistan scheme, where there is still so much work to do. That goes to the point made by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) about accommodation and infrastructure in our own country. We must be honest about how we can support the people we do bring over.

Andrea Leadsom Portrait Dame Andrea Leadsom (South Northamptonshire) (Con)
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I heartily congratulate my right hon. Friend on a compassionate and balanced response, reflecting the warm welcome that we want to give families reuniting and respecting that so many families will want to be supported in the region so that they can go back to Ukraine as soon as possible. I was informed that a hotel in my constituency is being prepared for Ukrainians coming to the United Kingdom. I am delighted about that, and I know that many constituents will want to support them. Will my right hon. Friend therefore update the House on what our communities can do to support those who will, I hope, be arriving soon?

Priti Patel Portrait Priti Patel
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My right hon. Friend is right. I spoke to the Ukrainian ambassador prior to coming to the House, and we see on our screens how difficult things are in Ukraine and in the region. The best thing that the British people can do is give a warm welcome to people from Ukraine who are coming here. As colleagues have referenced, it will inevitably be women and children because of the Ukrainian Government’s conscription policy with men staying behind and fighting. There will be a lot to do—we will want to get children into schools and ensure that they can continue their education. I reflect from my conversations with Governments in the region, my Ukrainian counterpart and the ambassador that these people want to be able to go back to rebuild their country, so the human capital point will be so important. We cannot underestimate the impact that skills, education and the ability to feel safe and secure will have on people, and that is where we can really make a difference.

Police, Crime, Sentencing and Courts Bill

Andrea Leadsom Excerpts
2nd reading & 2nd reading - Day 1
Monday 15th March 2021

(3 years, 1 month ago)

Commons Chamber
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Andrea Leadsom Portrait Andrea Leadsom (South Northamptonshire) (Con)
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The appalling events of recent days have caused great anger and anxiety. My inbox has many emails calling for curfews on men and many others calling for greater understanding that not all men are perpetrators. At such a difficult time, we must find the right balance between personal freedom and state intervention, but also recognise how vital it is that we teach our boys and our girls the profound importance of mutual respect.

In speaking in this Second Reading debate, I want to focus on a measure in the Bill that I think everyone can get behind—giving the police new powers to tackle unauthorised encampments. For my constituents, that cannot come soon enough. In late 2019, a plot of floodplain near Northampton was sold privately, and then, in the middle of 2020, it was auctioned off to potential developers. The sales were under false pretences because planning consent would never be granted on a floodplain. Then in August 2020, as local residents had feared, a large number of vehicles entered the site and set up an unauthorised encampment. From August to October, the local community was witness to huge piles of commercial waste entering the site and being dumped on the floodplain and in the River Nene, and multiple vehicles with no tax or MOT, some with false plates, entering and leaving the site. There were regular bonfires with acrid black smoke, and visible payment being taken for third parties entering the site to dispose of builders’ waste.

Local residents suffered verbal and racial abuse and antisocial behaviour, including rocks being thrown at passing cars, air rifles being shot, quad bikes being ridden at all hours and dogs running loose around the streets. Residents endured months of real fear and did everything they could to provide evidence to their parish and borough council and the local police. Finally, in October last year, the combined efforts of Northants police and the borough council got the Travellers off the land.

A political philosophy that has always chimed with me is that of John Stuart Mill. In setting out to describe the parameters of individual freedom, he said that we should all be free to do exactly as we like, provided that we are not impeding someone else’s freedom to do exactly as they like. That is a difficult balance to achieve in real life, but where the rights of communities versus the rights of Travellers are concerned, there can be no doubt that facilitating a Traveller’s way of life must not necessitate the misery and fear that was caused for my constituents. Many will be heartily delighted with this new measure, and I am grateful to my right hon. Friend the Home Secretary for listening to the huge majority across the country who want to see greater protections from unauthorised encampments.

Domestic Abuse and Hidden Harms during Lockdown

Andrea Leadsom Excerpts
Thursday 14th January 2021

(3 years, 3 months ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
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I thank the right hon. Lady and her Committee for the work that they do to scrutinise, rightly, the work of Government in this regard. I hope that I was clear that the £11 million was the £11 million announced in November, and that was very much directed towards helping organisations for the rest of the financial year.

We are working very closely with domestic abuse services to understand the strains that they are facing. I know from speaking to chief execs of the charities that, like a lot of frontline services, frontline workers are just feeling exhausted by having to work in these conditions and with the extra pressures that they have faced over recent months. This money is taking us up to the end of this financial year.

On domestic abuse services beyond the end of this financial year, the right hon. Lady will know that we have just had the spending review process. We are in the middle of working out allocations, but I hope that she draws some comfort, as I said to the hon. Member for Birmingham, Yardley (Jess Phillips) earlier, that the Ministry of Housing, Communities and Local Government has already committed £6 million to helping tier 1 local authorities prepare for that really important duty, set out in the Bill, to help victims in safe accommodation.

Andrea Leadsom Portrait Andrea Leadsom (South Northamptonshire) (Con) [V]
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I know that my hon. Friend is aware that lockdown has been so challenging to new families with small babies; in certain tragic cases, it has been deadly to those babies and toddlers. The early years healthy development review that I am chairing on behalf of the Government has heard about the effect that lockdown has had on our very youngest. What steps is she taking to protect the youngest in our society from the effects of domestic violence?

Victoria Atkins Portrait Victoria Atkins
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I thank my right hon. Friend for the amazing work that she is doing in this regard. It has long been a passion of hers, and I look forward to her drawing her conclusions in due course on this vital piece of work.

We are very conscious of the pressures on children in abusive households, including on pre-school children, which is why we have provided £3 million to support children affected by domestic abuse and, indeed, corresponding work on the development of perpetrator programmes. None the less, we are very aware of the need, as she says, sadly, to look after the youngest babies and children because of some of the figures that came out of the last full lockdown. This is why her work and our work to continue to tackle these terrible crimes is so vital, not least because seeing this abuse at a young age can have terrible effects on the children’s long-term life chances as well.

Home Department

Andrea Leadsom Excerpts
Wednesday 9th July 2014

(9 years, 9 months ago)

Ministerial Corrections
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Offences Against Children: Internet
Andrea Leadsom Portrait Andrea Leadsom
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To ask the Secretary of State for the Home Department what steps she is taking to work with police forces across the country to protect children from online sexual exploitation.

[Official Report, 7 April 2014, Vol. 579, c. 119W.]

Letter of correction from Norman Baker:

An error has been identified in the written answer given to the hon. Member for South Northamptonshire (Andrea Leadsom) on 7 April 2014.

The full answer given was as follows:

Norman Baker Portrait Norman Baker
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The Government is committed to preventing online child abuse. Details of the Government plans to strengthen the protection of children from online sexual exploitation were published last summer in the Action Plan of the National Group to tackle Sexual Violence Against Children and Vulnerable People. Copies will be placed in the House Library and can be found at the following link:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/230443/Sexual_Violence_against_Children_ and_Vulnerable_People.pdf

The Child Exploitation Online Protection Command of the National Crime Agency (NCA-CEOP) is the UK's national law enforcement agency committed to preventing and tackling the sexual abuse of children both online and offline. In 2012/13, NCA-CEOP safeguarded and protected 790 children, an increase of 85% on the previous year.

The NCA-CEOP Command works closely with all 43 police forces in England and Wales, Police Scotland and PSNI.

In January 2013, the police created a National Child Sexual Exploitation Action Plan which sought to improve the police response to all forms of CSE both online and offline. Each force has now completed a benchmarking exercise, allowing them to understand and improve their capability to deal with CSE.

HMIC are close to completing an inspection into the policing of online sexual exploitation and should be publishing their findings in the near future. This will help us identify best practice and also where the service needs to improve to deal with the proliferation of indecent images on the internet and grooming.

The correct answer should have been:

Justice and Home Affairs Opt-out

Andrea Leadsom Excerpts
Monday 7th April 2014

(10 years ago)

Commons Chamber
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Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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Today’s debate is one that the Home Secretary and Justice Secretary did not want to have. They have been forced into it by the three Select Committees because time and again they have tried to avoid coming to Parliament, avoid providing information to Parliament and avoid having a vote. The Select Committee on Home Affairs told them:

“we have been disappointed with the extent and timeliness of the Government’s involvement of Parliament”.

The European Scrutiny Committee described the Government’s approach as

“a serious omission as well as a missed opportunity to inform the debate in Parliament and beyond.”

The Select Committee on Justice summed up its report by saying

“we criticise the ‘cavalier fashion’ in which Parliament has been treated.”

The Home Secretary was in cavalier mode again today, because although she announced the opt-out in July last year and the Select Committees reports came out in October—we can presume that she has been negotiating since then—we had today no update on the progress of the negotiations, no sense of the timetable and no sense of when the vote will be called. We have to wonder what the Home Secretary has to hide. The truth is that she is hiding because this whole opt-out, opt-in is a massive con. She has done a U-turn again on the main measures, and is opting out and opting back in to them again. The only measures she is staying out of are ones that were largely redundant in any case, and what she is doing is a complex negotiation with our European partners, which is playing games with European security co-operation: “We’ll pull the arrest warrant out; we’ll put the arrest warrant back in. We’ll in out, in out, shake it all about. Play the opt-out hokey cokey, and you turn around. That’s what it’s all about.”

Yvette Cooper Portrait Yvette Cooper
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I will give way to the hon. Lady, who is a member of the Fresh Start group and who, I am sure, must have been very disappointed with the Home Secretary’s conclusions.

Andrea Leadsom Portrait Andrea Leadsom
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Does the right hon. Lady regret the fact that the previous Government did not give the British people a say before they signed up to the Lisbon treaty, which created the muddle this Government have had to try to deal with?

Yvette Cooper Portrait Yvette Cooper
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I must say to the hon. Lady that we do not think that it is a muddle to have co-operation with European police forces to bring criminals to justice and to provide victims with justice. I know that the Fresh Start group, of which she is a leading member, thought that we should replace all of this with a new international treaty. The Chair of the European Scrutiny Committee and many Government Back Benchers wanted to opt out and stay out of everything. The last time we debated the subject, a queue of Members stood up to say how much they wanted us to opt out and stay out of not just the European arrest warrant but all the major measures.

--- Later in debate ---
Yvette Cooper Portrait Yvette Cooper
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The hon. Gentleman points to a series of areas where the Government have proposed opting out or where it is not clear why they want to opt out and what the benefits are of doing so. We gather, too, that the Austrians, the Germans, the Spanish and the French have all called for the UK to opt into other measures as part of the negotiations. In addition to the list of 35 measures that the Home Secretary wants to opt back into, they list a further 13. The Home Secretary and the Justice Secretary should tell us whether they support those 13 measures or whether they will make them a red-line issue and call a halt to the negotiations if other countries insist on them so that a deal can be negotiated by 1 December.

The British head of Europol, Rob Wainwright, is worried about Britain opting out of some of the Europol regulations, because the new ones that the Home Secretary is prepared to support are not ready yet. He told the Select Committee on Home Affairs:

“I don’t think it is likely the new regulation will enter into force before December 2014 so there is likely to be a gap and, if there are not sufficient transitional measures in the meantime, then those accompanying eight measures would leave a gap, frankly, in terms of UK capability to carry out its work against international organised crime and terrorism.”

The Home Secretary should tell the House what she is doing about that, because it sounds serious and concerning. Has she put those measures back on her list to opt back into, and has she drawn up transitional measures?

We need to know, too, how much time and diplomatic resources the negotiation has taken up. For the remainder of the negotiating period, Italy will hold the presidency of the Council, and we understand that the Home Secretary is trying to persuade the Italian Government to make this a major priority and allow time for the European Council to negotiate. She should tell us if she really sees that as the top priority for the Council, and how many of her officials have to work on the issue, as opposed to the more substantial matters on which we should argue for reforms, such as changing the rules so that we do not have to pay child benefit and child tax credit for children abroad; or changing the rules on free movement for new accession states; or revisiting the posting of workers directive to strengthen protection for workers; or other things that would be worthwhile reforms in Europe. Instead, they are working on the power to opt out of a guidance document that we already follow. This is one of the most incredible examples of the gap between rhetoric and reality that the Government have come up with.

Yvette Cooper Portrait Yvette Cooper
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I shall give way one last time.

Andrea Leadsom Portrait Andrea Leadsom
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Will the right hon. Lady clarify for the benefit of the House whether the Opposition would invoke the opt-out or not?

Yvette Cooper Portrait Yvette Cooper
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We debated this last year when we had the vote. We do not object to the opt-out in principle. We negotiated it so that Britain would have more time to look closely at the measures. We said last year that the most important thing was to be in the European arrest warrant. We said then that we would not exercise the opt-out without guarantees that we could opt back into the European arrest warrant and other measures.

In the end, this is about serious measures. Crime does not stop at the border, and criminals do not stop at the channel. Fighting crime and getting justice for victims depend on co-operation across our borders. Most people in Britain want our police and intelligence services to work with other forces abroad to share information, to track down dangerous offenders, to rescue abducted children and to stop online child abuse.

I want the House to hear the words of Beatrice Jones, who was the mother of Moira Jones, of whom I have spoken before in the House. She said:

“I have been appalled to read that a group of Tory MPs is putting pressure on the Prime Minister to use his right to pull out of EU crime and policing, including the EU arrest warrant. You may remember that my beloved daughter Moira Jones was assaulted, abducted, and savagely raped and murdered by an EU national who was allowed to come here . . . He fled the country but because of the dedication and determination of Strathclyde police, along with the cooperation of the Slovakian police, he was arrested and extradited back to this country. . . there is more cooperation and information between a much greater number of EU states . . . We want it to go much further so that another murder like Moira’s cannot occur . . . EU police cooperation is essential for the safety of all.”

That, in the end, is what this debate should be all about. The Home Secretary should be proud of that co-operation. The hard work of police forces across Europe and the commitment of victims groups working across Europe—that is what we should be celebrating and applauding today.

--- Later in debate ---
Andrea Leadsom Portrait Andrea Leadsom (South Northamptonshire) (Con)
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I start by commending my right hon. Friend the Home Secretary for her courage in tackling this problem, which stems from the previous Government’s failure to give the British people their say on whether Britain should sign up to the Lisbon treaty. That were really the background to today’s debate: the previous Government negotiated, in the Lisbon treaty, the potential for Britain to opt out of the justice and home affairs measures, and that is what the Home Secretary made her announcement about last year. The problem is that, as with all EU matters, this goes to the heart of the democratic accountability of the EU and the issues relating to national sovereignty in Britain, which give people in this country so much concern today.

I am one of the co-founders of the Fresh Start project, which was established in 2011 to examine in detail what could make the EU more globally competitive, more democratically accountable and more flexible. The justice and home affairs question profoundly affects issues of democratic accountability and flexibility. We are in a halfway house where we have invoked our opt-out on pre-Lisbon-treaty measures and are now trying to opt back in to 35 of them which we consider very important for British national interests.

My right hon. Friend the Home Secretary said when she announced that she was going to look at exercising the opt-out that

“we will consider not just opt-ins and opt-outs but the other opportunities and options that are available.”—[Official Report, 15 October 2012; Vol. 551, c. 41.]

She has said:

“First, the Government could apply to rejoin measures within the scope of the 2014 decision”—

which is the block opt-out, and that is indeed what she is doing.

She continued:

“Secondly, the Government believes that in some cases it would be possible to rely on pre-existing Council of Europe Conventions or bilateral treaties….Thirdly, in some cases it may be possible to negotiate bilateral treaties with each Member State or with the EU that would effectively replace the instruments in question…. Fourthly, in some cases there may simply be no need for any such agreement to be in place in order for there to be cooperation.”

The difficult position the UK finds itself in relates to the block opt-out and what happens once we have signed back up to 35 measures. In written evidence supplied at the end of 2012 to the relevant Sub-Committees of the House of Lords European Union Committee, the Government stated that the “practical effect” of the ECJ “gaining full jurisdiction” in the areas of the “re-opted in” measures

“after the transitional period—

from 1 December 2014—

“is that the ECJ may interpret these measures expansively and beyond the scope originally intended. This concern is compounded by the fact that the ECJ has previously ruled in the area of Justice and Home Affairs in unexpected and unhelpful ways from a UK perspective. For example, in 2008 in the Metock case, the Court made a ruling which extends free movement rights to illegal migrants if they are married to an EEA national who is exercising free movement rights. Since the Metock judgment we have seen a steady increase in sham marriages involving EEA nationals.”

It should also be noted that the ECJ would start applying its human rights jurisprudence, drawing on the EU’s charter of fundamental rights, to the UK criminal justice system within the areas falling under EU policing and criminal justice laws that bind the UK. It is, therefore, extraordinarily difficult to decide what exactly Britain should do in its best national interest on these justice and home affairs measures. Of course the Home Secretary has decided that it is in our national interest to opt back in to 35 of them, and I suspect that she has decided that in great part as a result of the clear advice from the House of Lords European Union Committee, which said in 2012:

“We recognise the theoretical possibility for the United Kingdom to conclude multiple bilateral and multilateral agreements with the other Member States, in place of some existing EU measures, and that other Member States would have an interest in putting effective mechanisms in place. But this would be a time-consuming and uncertain process, with the only claimed benefit being tailor-made arrangements excluding the CJEU’s jurisdiction. In some cases new bilateral agreements would be dependent on the legislative timetable of the other Member States, which may accord them a low priority.”

It went on to say:

“We consider that the most effective way for the United Kingdom to cooperate with other Member States is to remain engaged in the existing EU measures in this area.”

Jacob Rees-Mogg Portrait Jacob Rees-Mogg
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I am hugely enjoying my hon. Friend’s speech. Is she saying that the House of Lords, in its great wisdom, has come to the conclusion that it is better to sacrifice an important part of our constitution for the administrative convenience of our bureaucracy, because to address matters one by one would give it too much work?

Andrea Leadsom Portrait Andrea Leadsom
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Actually, yes, my hon. Friend is right. I made a similar point to members of the scrutiny Committee. He is right that there is an element of, “This is all too difficult, so we should not embark on it.” I have had such points made to me by other officials in this place, who seem to say that, as this is all so difficult, we should opt back in to existing measures. If that were the case, it would be entirely unacceptable.

Let me quote the European Union Committee:

“If the United Kingdom reverted to Council of Europe Conventions instead of the equivalent EU measures, this would raise legal complications, and could also result in more cumbersome, expensive and weaker procedures. It would also weaken the ability of the United Kingdom’s police and law enforcement authorities to cooperate with the equivalent authorities in other Member States regarding cross-border crime.”

In other words, it concluded that it would be easier and probably more successful for the UK to opt back in to JHA under the current terms, having opted out of all those other measures that Opposition Members have been keen to point out are not terribly important or relevant anyway. That is possibly the right step for the time being, but there are bigger issues at stake: democratic accountability to the British people, and flexibility.

Under the eurozone fiscal crisis, it became very apparent that eurozone members needed to move to greater fiscal integration, European banking union and, potentially, down the road towards a federal states of Europe. Opinion polls, discussions in this House and even Opposition Members have made it clear that Britain’s national sovereignty should remain intact, and that we do not intend at any time soon either to join the euro or to move on to the path of greater fiscal union or, indeed, a federal states of Europe.

With that thought in mind, it seems that the status quo in the EU is simply not an option. Right across the European Union, the democratic legitimacy of the EU is wafer thin. We will see in the European elections in May what European citizens—if there were such a thing, which there is not; it is merely shorthand for the citizens of EU member states—think about the ever closer union in the EU. I suspect that we will find that they also reject the concept of a federal states of Europe. That has profound implications for what we do here in this Chamber. When the Prime Minister comes to look at the fundamental reform that will be in Britain’s much better interest, he should look at the area of justice and home affairs with a view to considering whether we can undertake bilateral or multilateral agreements with EU member states or with the EU as a legal entity, which it is now under the Lisbon treaty. Of course, the advantage of having bilateral treaties with the EU rather than opting into justice and home affairs is that things would be easier for Britain as a uniquely different member state with common law practice rather than a written constitution, even if those agreements were worded in precisely the same terms as the European arrest warrant or the Europol and Eurojust directives, as the European Court of Justice would not have jurisdiction over them and they would not be able to be changed under qualified majority voting without the say so of this House.

The area of justice and home affairs goes to the heart of the democratic accountability of the European Union and ought to be a key focus for the Prime Minister’s review of how Britain can achieve a better settlement within the European Union once our party has won the 2015 general election.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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That was a good joke at the end.

It seems to me that there are an awful lot of ironies in this debate. The biggest irony of the lot must be that last week the Deputy Prime Minister and the leader of the UK Independence party got themselves all in a lather about the European Union, as apparently the whole country is fixated on this issue, yet the attendance in the Chamber this afternoon is remarkably poor, considering that this is an issue that many have described as vital to British liberties and so on.

The second irony is that even as we are talking about democratic accountability, as the hon. Member for South Northamptonshire (Andrea Leadsom) just did, the Government have tabled a motion on the Order Paper which will mean that Mr Speaker cannot call an amendment to the Queen’s Speech. The hon. Lady may want to sign an amendment to that motion later today—[Interruption.] I am sure that the hon. Member for Bury North (Mr Nuttall), if he has not signed it yet—[Interruption.] He has signed it.

It is an irony, is it not, Madam Deputy Speaker—I do not expect you to answer this rhetorical question—that these two things are being debated at the same time? We are condemning Europe for not being an elected organisation and for the democratic unaccountability of the Commission and all the rest of it, even though we have Members of the House of Lords who have never put themselves up for election—except when they were Members of the House of Commons, before they went down there to take the Whip. We condemn the European Union for its lack of democratic accountability, and then the processes we use in this place to debate precisely what we should do about opting in or out of the justice and home affairs segments are put forward in a way that is wholly undemocratic and are used as a means of the Government trying to mask the fact that they cannot unite those on their Benches.

There is a third great irony that I have really loved. It is fascinating to watch so many Conservative Members of Parliament holding their noses throughout their speeches on the European Union. There is a permanent state of holding one’s nose exercised by Conservative MPs around the country. I was in High Wycombe last week, and the hon. Member for Wycombe (Steve Baker) held his nose magnificently throughout all the discussions of the policy on the EU. The first question was about whether there was any real chance of renegotiating the treaties with the EU, and he started off by saying, broadly speaking, “Well…um…it is…um…I support the Government’s policy—until such time as I shan’t.” As I understand it, that is basically the speech made by all the Conservatives who have spoken thus far, apart from the hon. Member for Bury North, who did not go that far. He is not even holding his nose; he is just announcing that there is a smell out there and that he does not support the direction the Government are going in.

I do not start from an ideological position on all this. It seems to me that there is a pragmatic question about whether it is in the interests of pursuing justice for the people of our country that we should associate and co-operate and to what degree we should do so with other countries in the European Union. That pragmatism must be informed by the fact that it is now far easier for people to travel abroad within the European Union. One in four Brits goes to Spain every year and one in six goes to Greece every year. The number of British people who come into contact with the criminal justice system of other countries within the European Union has therefore dramatically increased.

One statistic that is not often mentioned by Mr Farage is that the country with the largest number of its citizens living elsewhere within the European Union is not Poland, Germany or France, but the United Kingdom. Anything we can do to ensure that justice is available in other EU countries and that justice is secured for people in this country must be to their benefit.

Andrea Leadsom Portrait Andrea Leadsom
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The hon. Gentleman must accept that that argument does not stack up. Let us look at the number of people who travel to the United States or Mexico every year. Is he seriously suggesting that there ought to be some common justice system among those states as well? He is arguing from a weak position.

Chris Bryant Portrait Chris Bryant
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No, I am not. The hon. Lady complained that the Government and Members of the House of Lords advanced their argument on the European arrest warrant only because it was more convenient and practical. I am trying to suggest that convenience and practicality are three quarters of the point. In the end, it is in the interests of British people.

I shall take the American point as an example. When the new extradition treaty was agreed between the UK and the United States of America, despite the fact that the American Government—the President—had negotiated the treaty, it was a significant problem that the legislature had to put it in place. We moved much more quickly in this country to ratify the treaty than the Americans, and there was a period when the provisions were not perfectly equal between the two countries and when people such as the hon. Lady who argued that there was an imbalance were right. That is no longer the case, because both countries have implemented the measure.

My point to the hon. Lady is that long before we had the European arrest warrant, a Conservative Government under Mrs Thatcher were painfully aware of the problems of not having a proper extradition system across the whole European Union, where most British people do most of their travelling. That is why we had Ronnie Biggs and many others stuck on the costa del crime in Spain. Franco would not extradite anyone.

Chris Bryant Portrait Chris Bryant
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I shall give way to the 16th century in a moment.

I wholly support the European arrest warrant on the same basis that Mrs Thatcher supported the European convention on extradition.

Chris Bryant Portrait Chris Bryant
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I cannot give way to the hon. Lady because I have to give way to the 16th century.

Chris Bryant Portrait Chris Bryant
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I realised that there might be some clever soul in the Chamber. The hon. Gentleman is absolutely right, but there were plenty of other British fugitives from justice who only had to go abroad to evade justice in this country, and we needed a better system of extradition to be able to get British nationals back to the UK to face justice and, for that matter, to do something similar for nationals of other countries.

I would say to Members who regularly say that this is about protecting British people from poor judicial systems in other European countries that, in the main, we bring non-UK citizens back to the UK to make sure that there is justice for families who have lost a loved one or who face some form of injustice. I wholly disagree with the ideological position adopted by some Government Members, because it is pragmatic to have a single system that works across the whole of the EU. I also think that it is a triumph that, despite the fact that the Napoleonic code and English common law are completely different systems, we can work, broadly speaking, in a united way.

Andrea Leadsom Portrait Andrea Leadsom
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My point was not that we should not be party to the European arrest warrant; nor was it about the convenience of being in or out of it. It was about the method by which we are party to it. In other words, do we do it via a bilateral treaty which, as the hon. Gentleman rightly pointed out, we have with the United States, or should we opt in to justice and home affairs, which come under the jurisdiction of the European Court and can be changed under qualified majority voting without any say-so from the House?

Chris Bryant Portrait Chris Bryant
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I understand the point that the hon. Lady makes, but the problem for her argument is that that option is not available. For that matter, why would we want to say that members of the European Union, which includes two members of the Commonwealth, can all sit around a table and discuss the European arrest warrant, but we will only be able to sign up to it on a bilateral basis? That makes no sense and it is not a system that other members of the European Union will sign up to.

There is a further point, which is my concern about the process that the Government have adopted: we may get to December and not have any new agreed system in place. I know many members of the European Commission want a new system. Some countries in Europe are so profoundly irritated by the way the United Kingdom has been playing its hand over the past few years and are so concerned about the long-term direction of Conservative members of the Government in particular that they would quite like to punish Britain. I fear that we will not have the opt-ins in place by the time the opt-outs have come into force, and as the hon. Member for Perth and North Perthshire (Pete Wishart) said, we may well have a substantial period when there is nothing in place. That could raise very significant legal issues about how we would subsequently resolve that, and it would also put us in the difficult and embarrassing position of having to say to our citizens, “We’re sorry. We are not able to extradite back to this country because we opted out and we have not managed to get the opt-in back in place.”